At the Law Office of Ira J. Metrick, we receive and review all Court notices for our clients during the New Jersey Foreclosure Process. We also provide written explanations of the notices and answer questions about how they affect the foreclosure process, including the Motion to Vacate Sale.
What is a Motion to Vacate Sale?
After a Sheriff Sale, it is still possible to save your home by filing a motion to ask the Court to set aside, or vacate, the Sheriff Sale and give you back your property. Sometimes homeowners make mistakes and fail to stop the sale, or banks conduct a Sheriff Sale when they had no right to do so. In those instances, Courts can set aside a sheriff’s sale for fraud, accident, surprise, or mistake, irregularities in the conduct of the sale, or for other equitable considerations.
Requirements for a Motion to Vacate a Sheriff Sale
If your home has been sold at Sheriff Sale and you believe you have a reason to have the sale set aside, you should speak to an experienced foreclosure defense attorney. Unless there are very good reasons, a Motion to Vacate a Sheriff Sale is supposed to be filed within ten (10) days of the Sheriff Sale, or prior to the deed being delivered to the new owner.
Some reasons that a Sheriff Sale may be set aside, or vacated, include:
- Equity in the property, so the homeowner could sell the property and pay off the bank, in full;
- The homeowner believes they can qualify for a loan modification, or they were improperly reviewed for a loan modification;
- The homeowner was not given notice of the initial Sheriff Sale date;
- The homeowner was making payments to the mortgage company;
- The Court had ordered that the sale be stayed;
- The homeowner was in bankruptcy and had protection of the Automatic Stay;
If you need help to set aside or vacate a Sheriff Sale, contact Ira J. Metrick today for a free consultation and to discuss whether a Motion to Vacate Sale is an option for you.